edemocracy2012 alexander prosser_legal_compliance_in_a_united_europe

LEGAL COMPLIANCE IN A

UNITED EUROPE

Alexander Prosser

THE ISSUE

©

Google

THE ISSUE

Citizens, civil society and businesses become increasingly cross-border in Europe

Legislation still largely national

• EU Acquis Communautaire largely Directives, not Regulations

• Subsidiarity principle (eg, taxes, social security, building, private vehicles, investment regulations, ...)

• Rapidly changing Laws in (pre-)accession process

• EU Regulations and extra-territorial effects

High risk of inadvertently becoming non-compliant

THE ISSUE

Example: NGO from MK also active in SLO and A

Enables sympathizers to register for email list

The new EU Data Protection Regulation is passed 1

• “This Regulation applies to the processing of personal data of data subjects residing in the Union by a controller not established in the Union” (Art 3)

• Right of access (Art 15), Right to rectification (Art 16), Right to be forgotten (Art 17), Right to data portability (Art 18), …

• “[E]very data subject shall have the right to lodge a complaint with a supervisory authority in any Member State”

=> Is NGO aware of this? 1 Not in final draft yet

WHAT WE NEED

An easy-to-use tool ...

... that covers national and possibly EU regulations and

...

... enables self-service checks of legal compliance

The data would already be there ...

ENACTMENT PROCESS WORKFLOW

Parliamentary Workflow

Bill House Com-

mittee Bill

Statements

Enact-ment

Endorse-ment*

* Depending on constitution, eg, in Austria by Federal President

ENACTMENT PROCESS WORKFLOW

Parliamentary Workflow

Bill House Com-

mittee Bill

Statements

Enact-ment

Endorse-ment

Structured documents

PROFILES

Structured documents

Profile attributes

Manual Profiling (3)

Capture semantic content Create links to other regulations

PROFILES

Structured documents

Profile attributes

Manual Profiling

Capture semantic content Create links to other regulations

Registered users

Businesses, freelance professionals, citizens, NGOs register profile in

several countries

Alert service in case of bill and enactment

Self-service check of compliance

Automated compliance runs on Laws …

… and possible future legislation (bills)

SERVICE

Increasing complexity

SERVICE

Service provider: Multi-tenant system

Official Journal Country A

Official Journal Country B

Official Journal Country C

Software, operations, training 2nd level support

Profiling of Acts and Bills propagation, 1st level support

Information to citizens (free of charge, advertising)

Information to businesses / professionals (subscription model)

Software as a service

Technologically feasible

Value-added (citizens and businesses)

Information base largely available

Sustainable business model possible

SERVICE

Institut für Produktionsmanagement Institute of Production Management Augasse 2-6, 1090 Vienna, Austria Alexander Prosser prosser@wu.ac.at http://prodman.wu.ac.at http://erp.wu.ac.at http://e-voting.at